Legal Opinion

Rushenberg v. St. Louis, Iron Mountain & Southern Railway Co.

Supreme Court of Missouri

Decided October 15, 1891PublishedCited by 9 opinions

Appeal from St. Louis City Circuit Court. (1) A railway company offering an attraction to-children to play about its dangerous machines or agencies, exposed in a locality where it is accessible to them, will be liable for injuries resulting therefrom. FinJc v. Furnace Co., 10 Mo. App. 69; Stout v. Railroad, 2 Dill. 294; Ostertag v. Railroad, 64 Mo. 421; Lynch v. Nun-din,. 1 Q. B. 29; Grafton v. Raiboad, 55-Mo. 580; Morrow v. Raiboad, 29 Mo.

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Appeal from St. Louis City Circuit Court. (1) A railway company offering an attraction to-children to play about its dangerous machines or agencies, exposed in a locality where it is accessible to them, will be liable for injuries resulting therefrom. FinJc v. Furnace Co., 10 Mo. App. 69; Stout v. Railroad, 2 Dill. 294; Ostertag v. Railroad, 64 Mo. 421; Lynch v. Nun-din,. 1 Q. B. 29; Grafton v. Raiboad, 55-Mo. 580; Morrow v. Raiboad, 29 Mo. App. 437; Brown■ v. Raiboad, 27 Mo. App. 398; Noons v. Raiboad, 65-Mo. 592; Nagel v. Raiboad, 75 Mo. 653; Schmidt v. Kansas, etc., Co., 90 Mo. 293;…

1Opinion of the CourtSherwood, P. J.

Action for $5,000 damages brought by father and mother as plaintiffs against the *114defendant company, for causing the death of their minor son on the twenty-third day of June, 1888, who was crushed beneath a carwheel while standing under one of a long train of freight cars on the defendant’s tracks which extend north and south on First street at its intersection with Cherokee street.

The cars, it seems, were loaded with ice^and while being unloaded, pieces of ice fell under and around the ■cars, whereby children were attracted there, and were ■accustomed to be attracted there by such ice,…

2Cases cited2 opinions

  1. Schmidt v. Kansas City Distilling Co.Supreme Court of Missouri · 1886
  2. Frick v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882

3Cited by9 opinions

  1. Barney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1895
  2. Ryan v. TowarMichigan Supreme Court · 1901
  3. State Ex Rel. Alston v. Baltimore Fidelity Warehouse Co.Court of Appeals of Maryland · 1939
  4. Mondshour v. MooreCourt of Appeals of Maryland · 1970
  5. Giles v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1913

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